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Judgment
Abhay Ahuja, J
On 28th June 2023, the following order was passed :
“1. After the matter is briefly argued, Mr.J.V.Parmar, learned counsel for the Respondents informs this court that a payment of Rs.11,23,098.13 has been deposited in the Small Causes Court, being the arrears from 1989 to December, 2019, in accordance with the terms of the lease agreement. Learned counsel for the Respondents also informs that a sum of Rs.1,44,915.88 has been deposited for the period January, 2020 to December, 2023 and again the same as per the terms of the lease. Learned counsel submits that therefore, nothing survives in this petition and the petition has become infructuous.
Mr.J.A.Khan, learned counsel for the Petitioners seeks some time to take instructions in the matter. At his request, list on 30th June, 2023.”
The matter was listed today for Mr.Khan to take instructions on the submissions of the learned Counsel for the Respondents that the Petition has become infructuous.
When the matter is called out, none appears for the Petitioners and the matter was kept back.
Mr.Parmar, learned Counsel for the Respondents, mentions the matter at 11.06 a.m. and informs that Mr.Khan has called him and informed that he would not be attending the Court today and that the matter be listed on 3rd July 2023.
Accordingly, list the matter on 3rd July 2023.
It is made clear that if the Petitioners are not represented nor instructions are received, this Court would proceed to pass appropriate orders including costs on the Petitioners.